Missouri lets a late final paycheck keep accruing as a penalty for up to 60 days — but only for workers who were fired, and only if they make the written request the statute quietly requires.
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These claims are time-sensitive. Legal deadlines (statutes of limitations) vary by state and can permanently bar a claim once they pass — so don't wait for a callback. You are free to choose any attorney you wish, and if you are considering a claim you should speak with a qualified attorney of your choosing as soon as possible. Prior results do not guarantee a similar outcome. This page explains how Missouri wage rules generally work. It is not advice about your situation, and only a lawyer who knows your facts can tell you what you are owed or what to do next.
Missouri at a Glance
Missouri's wage law has one genuinely strong remedy and one procedural condition attached to it that decides whether workers ever see it. A fired employee whose final wages go unpaid can watch those wages keep accruing at the same rate for up to 60 days as a statutory penalty. That is one of the more aggressive late-pay remedies in the country — and the statute makes it contingent on the employee putting the request in writing.The rest of the picture is in motion. Missouri voters raised the minimum wage and created paid sick time at the ballot box in November 2024; the legislature repealed the sick time and the future inflation indexing in 2025 while leaving the wage increases standing. Any guidance written before late 2025 is describing a law that no longer exists in that form.
The 60-Day Penalty, and the Sentence That Gates It
Mo. Rev. Stat. 290.110 is the provision worth understanding before anything else. When an employer discharges an employee, or refuses to employ them further, the wages already earned at the contract rate become due and payable on the day of the discharge, without abatement or deduction.If the employer does not pay, the wages continue as a penalty, at the same rate, from the date of the discharge until they are paid — capped at 60 days. For a full-time worker that can be a substantially larger figure than the underlying paycheck.
The condition is in the same statute: the penalty is tied to the employee requesting the wages in writing. This is the single most consequential detail on this page, because it is the step workers most often skip. A verbal request to a manager, a text to a supervisor asking where the check is, or simply waiting for the employer to sort it out may leave the penalty clock never started. The written request is what converts an ordinary unpaid wage claim into the 60-day version.
Two limits round it out. The statute is written for discharges and refusals of further employment, so an employee who resigned is generally outside it. And the penalty runs at the employee's own rate of pay rather than as a fixed statutory sum, so its size tracks the wage.
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Minimum Wage After Proposition A and the 2025 Rollback
Missouri's minimum wage sits in Mo. Rev. Stat. 290.502. Its recent history is unusual enough that the sequence matters:- November 2024. Voters approved Proposition A, raising the minimum wage in two annual steps, providing for inflation indexing after that, and creating a statewide earned paid sick time entitlement accruing with hours worked.
- 2025. The Missouri General Assembly repealed the earned paid sick time provisions and the future inflation indexing, effective August 28, 2025. The scheduled wage increases themselves were left in place.
The result as of 2026 is a state minimum wage set by statute at the level Proposition A specified, with no automatic annual adjustment behind it, and no statewide paid sick time requirement. Because that picture changed twice inside a year, confirm the operative rate with the Missouri Department of Labor and Industrial Relations rather than relying on any figure published earlier.
Missouri permits a tip credit, allowing an employer to pay a tipped employee a reduced cash wage where tips bring total earnings to at least the full state minimum. If they do not, the employer must make up the difference, and a shortfall in any workweek is a minimum wage violation. Retail and service businesses below a gross-revenue threshold are exempt from the state minimum wage, though federal coverage may still apply.
Overtime, Including the Seasonal Exception
Missouri requires overtime at one and a half times the regular rate for hours over 40 in a workweek, tracking the federal standard. There is no daily premium.The state-specific wrinkle is seasonal work. Employees of amusement or recreation businesses that operate seasonally are subject to a higher weekly threshold before the overtime premium attaches — a carve-out aimed at parks, resorts and similar operations with compressed summer seasons. Public employers and certain retail and service businesses are treated separately under the statute as well.
Otherwise the failure patterns are the federal ones:
- Misclassification as exempt. Duties measured against the federal tests decide this, not a salary or a title.
- Contractor labels. Employee status turns on the economic reality of the relationship, not the agreement signed at hire.
- The regular rate. Non-discretionary bonuses, shift differentials, attendance incentives and most commissions belong in it.
- Off-the-clock work and rounding. Pre-shift setup, post-shift closing, required training and rounding that runs one way produce the same shortfall across an entire crew, which is what makes these claims collective.
On breaks, Missouri requires none for adults. Where a break is given, federal treatment applies: short breaks are paid, and a meal period is unpaid only if the employee is genuinely relieved of duties.
Paydays, Deductions and Vacation
Missouri requires corporations doing business in the state to pay wages at least semimonthly, and employers generally must make their paydays known. Wage statements identifying the deductions taken are required.Deductions are constrained mainly by the minimum wage floor. Missouri regulations bar deductions that reduce an employee's pay below the applicable minimum wage, which is what makes charges for uniforms, tools, cash register shortages, breakage and customer walkouts unlawful at the point they cross that line. Deductions the employee has not authorized, or that the employer imposes unilaterally to recoup a business loss, are a common source of claims.
Accrued vacation is payable at separation only where a contract or the employer's policy provides for it. Missouri does not independently require a payout, so a clearly written policy conditioning payment on notice or continued employment generally controls.
Deadlines, Retaliation and Where to File
The limitations picture in Missouri is layered rather than single:- Missouri Minimum Wage Law claims. Three years from when the cause of action accrued.
- Certain wage and penalty actions, including claims tied to the discharge penalty, run on a two-year statute.
- Contract-based wage claims. Generally longer, on Missouri's period for actions on contracts and obligations.
- Federal FLSA. Two years, or three where the violation was willful. In a collective action, an opt-in plaintiff's clock runs until the consent form is filed.
One set of facts can generate claims on more than one of these, and the shortest one is the working deadline.
The Division of Labor Standards at the Missouri Department of Labor and Industrial Relations investigates minimum wage and prevailing wage complaints; its authority over ordinary unpaid wage disputes is narrower than in many states, so a general wage claim commonly goes to court. The U.S. Department of Labor Wage and Hour Division handles the federal minimum wage and overtime claim.
Retaliation against an employee for asserting a minimum wage right is prohibited by state law, and the FLSA prohibits retaliation for federal wage complaints. Those claims run on their own, separate deadlines.
Frequently Asked Questions
What is Missouri's 60-day penalty for a late final paycheck?
Under Mo. Rev. Stat. 290.110, an employee who is discharged is owed the wages already earned on the day of the discharge. If the employer does not pay, the wages continue to accrue as a penalty at the same rate until paid, for a maximum of 60 days. The catch is that the statute conditions the penalty on the employee making a request in writing. A worker who simply waits, or who asks only by phone or in person, may find the penalty never started running at all.
Does the 60-day penalty apply if I quit?
No. The statute is written for employees who are discharged or refused further employment, so a worker who resigns is generally outside it. For a voluntary separation, final wages are handled under the employer's regular payday obligations, and the remedy for nonpayment is an ordinary claim for the wages rather than the statutory penalty.
What happened to Missouri's minimum wage and paid sick leave?
Voters approved Proposition A in November 2024, which raised the minimum wage in two annual steps, indexed it to inflation afterward, and created a statewide earned paid sick time entitlement. In 2025 the Missouri legislature repealed the paid sick time requirement and the future inflation indexing, effective August 28, 2025, while leaving the scheduled wage increases in place. Confirm the current rate with the Missouri Department of Labor and Industrial Relations before relying on any figure.
Does Missouri require meal or rest breaks?
Not for adult employees. Missouri has no state law requiring a meal period or rest breaks for workers 18 and over. Federal rules still control how a break that is given must be treated: a short break of roughly 20 minutes or less is paid working time, and a meal period is unpaid only where the employee is fully relieved of duties. An automatic lunch deduction applied to a shift the employee actually worked straight through is an unpaid wage problem in Missouri as anywhere else.
Does Missouri have its own overtime law?
Yes. Missouri requires one and a half times the regular rate for hours over 40 in a workweek, tracking the federal rule. There is one notable state-specific exception: employees of seasonal amusement or recreation businesses are subject to a higher weekly threshold before the overtime premium applies. Public employers and certain retail and service businesses also have their own treatment under the state statute.
How long do I have to bring a wage claim in Missouri?
It depends on the theory, and the periods differ. An action under the Missouri Minimum Wage Law carries three years. A separate two-year statute governs certain wage and penalty actions, including claims tied to the discharge penalty. A claim framed as breach of an employment contract generally runs longer. Federal Fair Labor Standards Act claims run two years, or three where the violation was willful. Because a single set of facts can produce claims on several of these clocks, the shortest applicable one is the practical deadline.
Sources
• Mo. Rev. Stat. 290.110 (wages due on discharge, the continuing penalty capped at 60 days, and the written-request condition).• Mo. Rev. Stat. 290.502 (minimum wage, as amended by Proposition A, approved November 2024) and the 2025 legislation repealing the earned paid sick time provisions and future inflation indexing effective August 28, 2025.
• Mo. Rev. Stat. 290.505 (overtime after 40 hours, with the seasonal amusement and recreation threshold and the treatment of public employers and certain retail and service businesses) and 290.500 (definitions and exemptions).
• Mo. Rev. Stat. 290.527 (three-year limitations period for actions under the Missouri Minimum Wage Law) and Mo. Rev. Stat. 516.140 (two-year period for certain wage and penalty actions).
• Missouri Code of State Regulations title 8, division 30, chapter 4 (deductions and the minimum wage floor).
• Missouri Department of Labor and Industrial Relations — Division of Labor Standards.
• U.S. Department of Labor — Fair Labor Standards Act.
